回复: 关于“放弃移民身份”和“办理探亲签证”的问题
加拿大北京大使馆的网站上有一个境外的加拿大永久居民申请的旅行签证，枫叶卡过期的人是否可以申请这个回到加拿大，申请这个需要申明放弃永久居民身份吗？
移民局对旅行文件规定如下：
Applying for a travel document (permanent resident abroad) (IMM 5529)
Overview
This application is for permanent residents who are outside Canada and who do not have a valid permanent resident card to return to Canada. Travel documents are issued to permanent residents abroad to provide proof to a transportation company that the holder is entitled to re-enter Canada as a permanent resident.
Note to holders of a:
- Record of Landing (IMM 1000)
- Confirmation of Permanent Residence (IMM 5292)
- Returning Resident Permit
These documents are
not valid for travel back to Canada. You require a permanent resident card or a travel document to re-enter Canada by train, plane, boat or bus.
Who should not apply for a travel document?
- Canadian citizens or registered Indians under the Indian Act
- Permanent residents with a valid permanent resident card
- Permanent residents in Canada
Note: Permanent residents inside Canada should apply for a permanent resident card using the application kit
Applying for a Permanent Resident Card (IMM 5445).
Application requirements
To obtain a travel document you will need to prove your identity and your permanent resident status. You also need to meet the
residency obligation of a permanent resident. Refer to the
Document Checklist for more information on the documents you will need to submit with your application.
Residency obligation
Calculating days present in Canada
To meet the residency obligation, you must have been physically present in Canada for a minimum of 730 days within the past five years. If this is not the case, you may also count the days you spent outside of Canada in the following circumstances:
A. Accompanying a Canadian citizen or a permanent resident outside Canada
Accompanying a Canadian citizen
Each day that you are accompanying a Canadian citizen outside Canada is considered a day for which you satisfy the residency obligation provided that the person you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age).
The total number of days that you spend accompanying a Canadian citizen may be added to the total number of days for which you otherwise satisfy the residency obligation.
Accompanying a permanent resident
Each day that you are accompanying a permanent resident outside Canada is considered a day for which you satisfy the residency obligations provided that:
- the person you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age); and
- the person you are accompanying is in compliance with their own residency obligation.
The total number of days that you spend accompanying a permanent resident may be added to the total number of days for which you otherwise satisfy the residency obligations.
Evidence that you are accompanying a Canadian citizen or permanent resident
You must provide supporting documents to prove that:
- the person you are accompanying is a Canadian citizen or permanent resident;
- you are the spouse, common-law partner or child of that person; and
- if applicable, the permanent resident you are accompanying meets his or her own residency obligation.
Refer to the
Document Checklisthttp://www.cic.gc.ca/english/information/applications/guides/5529E5.asp for a list of suggested supporting documents.
B. Employment outside Canada
Acceptable employment
Each day that you are working outside Canada is considered a day for which you satisfy the residency obligation provided that your employment meets the following criteria. You are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province, and are assigned on a full-time basis to:
- a position outside Canada;
- an affiliated enterprise outside Canada; or
- a client of the Canadian business or the public service outside Canada.
Canadian business
For the purposes of this application, a Canadian business is defined as:
- a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada; or
- an enterprise that has an ongoing operation in Canada and is capable of generating revenue and is carried out in anticipation of profit, and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above; or
- an organization or enterprise created by the laws of Canada or a province.
Evidence of acceptable employment
You must provide supporting documents indicating that your employment outside of Canada meets the requirements of the residency obligation. Refer to the
Document Checklisthttp://www.cic.gc.ca/english/information/applications/guides/5529E5.asp for a list of supporting documents.
C. Humanitarian and compassionate grounds
If you or a family member is unable to meet the residency obligation, it may still be possible to retain your status as a permanent resident of Canada. You will need to present evidence that, due to circumstances beyond your control or due to factors that have kept you living outside Canada, you wish to have humanitarian and compassionate grounds considered in the assessment of your application for a travel document.
Factors that might justify such a consideration would be those resulting hardships you would face if you lost your permanent resident status, and that would be
unusual and
undeserved, or
disproportionate. You must provide proof:
- that there are compelling humanitarian and compassionate factors in your individual circumstances that merit the retention of your permanent resident status;
- describing why you were not able to comply with the residency obligation; and
- that the extent of any hardship that the loss of residency status may cause to one or more family members who would be directly affected by this decision, taking into account the best interests of a child directly affected by the determination.
To have your application considered on humanitarian and compassionate grounds, you must complete question 18 of the application form. There are no guidelines on what supporting documents you should submit for consideration on humanitarian and compassionate grounds. You are free to make submissions on any aspect of your personal circumstances that you feel would warrant retention of your permanent residence.
An officer will weigh the factors of your unique case against the extent to which you did not comply with your residency obligation and make a decision based on the evidence in your file.
显然你没有加拿大配偶陪伴、加拿大公司派遣和人道主义理由（这个很难），你在国外并且枫叶卡失效是不能领旅行签证的。
给你发旅行签证也是叫你回来续办、上诉或领卡的。你首先身份还在，只是失效了。
